Edson v. State

The defendant, Virgil Edson, was charged in the district court of Garter county with the crime of burglary in the second degree, was tried, convicted and sentenced to serve five years in the State Penitentiary and has appealed.

It is first contended that the court erred in not sustaining a motion for an instructed verdict of acquittal for the reason that there was a material variance between the allegations of the information and the proof.

That part of the information in question alleges that the defendants did break and enter in the nighttime “a certain store building of one Excelsior…